LAW STUDENTS CAN MAKE A DIFFERENCE

I’ve recently concluded the Basic Orientation and Skills Training Workshop of the Xavier University Center for Legal Assistance. This is the beginning of a radical journey. Radical in a sense that this experience will open a new world of legal learning where few consider and a journey that may not very well end when law school does.

My feelings are best encapsulated by the words of The Superior General of the Society of Jesus, Hans Kolvenbach:

The promotion of justice is not a simple project, using available technology to effect change. It is rather an effort to change the heart of the civilization of sin responsible for the misery and injustice we see in our world. We must work at the conversion of hearts and mentalities.

This entire experience strikes at the very core reason why I took up Law. It touches the passions within me. I entered XUCLA with the very general and oftentimes cliché premise that I would like to work for the development of the nation. Development counters the growing poisonous fruits of injustice such as poverty and crime. Development, as a science, includes so many dimensions, paradigms, and approaches. Two crucial interconnected branches are the “rule of law” and “policy making”. It is in these two areas where I appropriate my mission as a student of the law.  

The BOS very well help me articulate the basic values and engagements that I have been desperately looking for in the rugged road of Law School. I keep on asking to myself, really, how does a law student make a difference? It is very easy for our medical student friends to paint a real picture of them making a concrete difference to the community in the form of health care services and the like. How about us? How can the words in a thick book bring about a concrete positive impact in the lives of others? The experience gave me some answers.

Affidavit Making. An affidavit is a written sworn statement of facts voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. It is fairly a simple document to write but it can spell a lot of help for a person seeking its aid. When a person from the marginalized community would seek support from an estranged spouse or report some marital violence, making an affidavit is the initial step in obtaining legal remedy.  

Legal Research. Legal research which may include researching the laws and gathering evidences is very important as a support action for formulating policies and building substance for a petition for some legal remedy. One good example is an initiative to file a Writ of Kalikasan which requires intensive research and evidence gathering in the very areas where the right of the people to healthy and balanced ecology is violated.

Policy Articulation. For certain reforms to really have impact in the community, it should be translated into policy implemented by government by virtue of its inherent police power. Reforms happen only when the holders of powers get involved  and reforms only make sense when it is articulated as policy. It is in this articulation that students of the law can contribute very well.  

Local Governance Engagement. Having the basic knowledge of Political Law, we can very well engage in a constructive and effective manner with local government and other agencies. I have sensed in my pervious experiences engaging with government agencies that when you declare to them that you are a law student, it creates a certain impression that this person means business. And it is oftentimes, this sense of “legitimacy” and “respect” where we can effectively carry our message across.

In sum, the whole experience made me realize that the study of law is more than just the textual appreciation of it. It calls us to see the law on what it is in its very essence which is the reflection of how we see ourselves and our worth as human beings and our concept of what is right and wrong. Having an elementary but respectable grasp of the basic principles of law can make us effective agents of change in our communities. As what the Superior General mentioned, the great project of the promotion of justice entails a conversion of the hearts and mentalities. Conversion presupposes influence and power. Our present standing as students of the law allows us to have this elementary by respectable grasp of the basic principles of law where I see our influence and power emanates from. Let us then use this powerful and influential knowledge of the law towards the building of a just, humane and sustainable society.

Around 6,000 pages

It took around 30 minutes to sort out all papers, and other effects that this semester produced.

It took 3 days of doing completely nothing to get me back reflecting on what was.

Finally, my first year in law school is done. Complete, assuming I pass all my subjects. Though this might not be a cause for great jubilation, finishing first year in law school is obviously the treacherous first step towards finishing Law School and taking the bar all in the firm determination and hope of passing it.

It has been a tremendously rich year. First year law is essentially a transition year. This is where I started to begin shedding off the old ways of college and nurturing a new one which ought to meet the rigorous demands of the legal profession. I may ask myself sometimes, Am I happy with this kind of life? I really would say yes, I am. There is deep sense of joy studying the Law since I am quite convinced that this is a response to what I value and do for the rest of my life. I just keep on hoping that the “joy” would translate into good performance. Well that is just me, I do not know if my professors agree. The only thing that bugs me is the fact that I am seeing my life beginning to be reduced into a routine-based, reading-heavy life which what Law Student Life is mainly all about. My books are now my best friends, energy drinks are my companion, the library is my new sanctuary, and the coffee shops are my new facebook. I have plain boring Law life. I do not go out and drink, I just go out. The only thing I am seeing that would reinvigorate my soul is my soon-to-be engagements.  I want to fight this “suspended-animation” mode that I find myself in by actively engaging the world as a volunteer of the XU Center for Legal Assistance and Legal Network for Truthful Elections.

I can’t also believe that amount of data I have consumed. More or less, I’ve read around 6,000 pages this year! This is a life record and more of it will come year by year. If you’re going to ask me how much I actually remember, I can only draw an imaginary image of a skeleton of what I’ve read. Like any normal mind, I need to reread everything so there will be flesh in those conceptual skeletons of the law.

Now enough blabbering about how Law school can be a soul-draining experience at times. What brings color though is the friendships that you nurture. From 150 freshmen students during the first semester, we are now down to 100. It is predicted that next semester would only house one block of 50 students so anxiety is really high. It is really the friendship that lifts the load off. Though I am not a member of any fraternity or organizations, I keep to myself the network of friends that I have nurtured. Interesting to mention though is that “friendship” has so many connotations in law school and when exams come, it would be expected that this friendship would be tested. This is simply just a fact. However, in the midst of all the stress, I still thank you dear block mates for making the entire year memorable.

For the new law freshmen next year, it would be an exciting year with your new curriculum. Just enjoy every bit of your study and always keep the source of your motivation close so you will be reminded why you entered in the first place. 

Practice Test

          Allan, the Municipal Treasurer of the Municipality of Gerona, was in a hurry to return to his office after a day-long official conference.  He alighted from the government car which was officially assigned to him, leaving the ignition key and the car unlocked, and rushed to his office.  Jules, a bystander, drove off with the car and later sold the same to his brother, Danny for P20,000.00, although the car was worth P800,000.00.

                                                                                                                                         

In the case of Allan:

The Revised Penal Code defines the crime of malversation of public funds or property as follows:

Art. 217. Malversation of public funds or property. – Presumption of malversation. -     Any public officer who, by the reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property wholly or partially, or shall otherwise be guilty of misappropriation or malversation of such funds or property 

Hence, the elements of the said felony are as follows:

A. that the offender be a public officer

 B. that he had custody or control of funds or property by reason of the duties of his office

C. that those funds or property were public funds or property for which he was accountable

D. that he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them.

In this case, Allan, the municipal treasurer is liable for malversation committed through negligence or cupla. The government car which was assigned to him is public property under his accountability by reason of his duties. By his act of negligence, he permitted the taking of the car by another person, resulting to malversation, consistent with the language of Article 217 of the Revised Penal Code.

In the case of Danny:

Section 2 (a) of PD 1612 also known as the Anti-Fencing law provides:

Definition of Terms. The following terms shall mean as follows:

(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.

Added further,

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

Danny violated the Anti-Violated the Anti-Fencing Law. He is in possession of an item which is the subject of thievery. PD No 1612 under Section 5 provides that mere possession of any goods, article, item, object or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. We can also deduce from the facts that he knows that car is a proceed of the crime of theft since high confidence can be assumed in the relationship of brothers and the price of the car is far less that its real value which is glaringly obvious that his intent is to dispose of it as soon as possible and gain from it.

In the case of Jules:

 Section 2 of the RA 6539 also known as the Anti Carnapping Act of 1972 provides:  

"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things.

xxx

"Motor vehicle" is any vehicle propelled by any power other than muscular power using the public highways, 

Jules is guilty of car napping. He took the motor vehicle belonging to another without the latter’s consent in violation of RA No 6539

Civil Liabilities

Article 104 of the Revised Penal Code provides what is included in civil liability:

What is included in civil liability. - The civil liability established in articles 100, 101, 102, and 103 of this Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

Since Allan has caused the loss of the car through his acts, Allan is under obligation to restitute the vehicle or makes reparation if not possible. Jules must pay the amount he gained from the sale of the car which is P 20,000.00. Since Danny has in his possession the stolen car obtained through a crime of fencing, he must make reparation corresponding to the value of the car which is P 800,000.00. The court shall also determine the amount of damage. 

TRUST

Constructive Trust

If the price of the sale of property is loaned or paid by a person for the benefit of the other and the conveyance is made to the payor or lender to secure the payment of the debt. A trust arises by operation of law in favour of the person for whom it is paid for. The latter my redeem the property and compel the conveyance to him.

When an absolute conveyance is made to secure the performance of the obligation of the grantor towards the grantee, there is an implied trust. If the fulfilment of the obligation is offered by the grantor when it becomes due, the grantor may demand the conveyance of the property to him.

When a trustee, guardian or other persons who hold fiduciary relationship and purchase property with the use of trust fund and cause the conveyance of legal estate to him or to third persons, an implied trust is created by operation of law in favour of the one who own the said funds.

When the property is acquired through mistake or fraud, the person who obtains it, by force of law, is the trustee for the benefit of the person whom the property comes from.

Resulting Trust

There is an implied trust when the property is sold and the legal estate is granted to person but the price is paid by another for the purpose of having the benefits. The latter is the beneficiary and the former is the trustee. When property is conveyed to children whether illegitimate or legitimate, there is no trust implied but it is presumed that such conveyance is a gift in favour of the children.

There is an implied trust when a donation is granted to a person but it appears that although that a legal estate is transmitted to the donee, he nevertheless has no beneficial interest or only a part thereof

When a land passes to a person by succession and he causes the legal title to be in the name of another, there is an implied trust in favour of the true owner

When two or more person agree to purchase a property and by common consent, the legal title is taken in the name of one of them, an implied trust arises by operation of law in favour of all of the owners in proportion to the interest of each.

Whenever property is conveyed to a person in reliance upon his declared intention to hold it or transfer it to another or the grantor, there is an implied trust in favour of the person whose benefit is contemplated. 

Like a Legal Scientist

Just as quick as a swing of a pendulum, my first year in law school is about to end.

Final exams are next week and all of us are under immense pressure to secure our place for another year in law school. So far, these thoughts are just preliminary of what the final exam will eventually define. I can’t say much. The first year has pushed a curve in my study time. I can’t imagine I have finished reading almost 3 thousand pages of text books and countless more of cases. The study of law is hard. Not only do you have to retain the textual character of the law, you have to absorb and understand the principles behind it and its relationship with other laws. More than this, you have to train your mind to think like a keen scientist obsessed with detail, breaking down the facts of the case, uncovering the issues and applying proper provisions of law for its resolution.

These things are just beginning to sink in. 

LENTE

Finally, another legal engagement where I can find myself

A couple of law student including myself established the Xavier University LENTE Chapter just this afternoon. This would be an exciting engagement noting that next year is a national election year. This is one of the things I am looking for in law school. This is an opportunity to apply what you have learned in principle in a real world setting. More than just praxis, this is where you can contribute in strengthening the institutions which are the essential pillars that could move this nation forward. 

LENTE (Legal Network for Truthful Elections Inc.) is the first nationwide network of lawyers, law students, paralegals and other trained volunteers set up by various non-partisan groups engaged in election monitoring work. It was launched on March 23, 2007 at IBP National Office with the signing of a Memorandum of Agreement between the LENTE Co-Convenors. LENTE is a way for lawyers to contribute to the great enterprise called nation-building. The heart of the Constitution is social justice, which is the diffusion of wealth and political power for the common good.

Elections are about the diffusion of political power. It is the fundamental building block of any democracy. Beyond the brilliance in arguing case or the shrewd maneuverings in the courtroom, there is something noble and ennobling in the practice of law when it gives substance to the freedom of choice and to equal opportunity to public office

Thus, the IBP and other major established election monitoring groups in the country such as NAMFREL, PPCRV, CBCP, the Alternative Law Groups of the Philippines, OneVoice Inc., and other civil society groups finally decided to answer the long-felt need for a citizen's arm dedicated especially to the legal aspect of the elections. IBP's partnership with LENTE is based on the commitment of the country's legal community to the democratic ideals and to the principle that an effective democracy begins with clean, honest and orderly elections that reflects the genuine will of the people.

http://www.lente.org.ph/index.php

Knowing those who Judge You

The class was filed with a hopeless feeling this afternoon.

The corrected blue books for obligations and contracts were released with bleak results. Only a quarter of the class passed. In the plus side, the exams revealed much of what our professor is seeking in our answers and the only hope we can muster comes from the fact that we have somehow understood how the professor grades an answer and with this comes the chance to improve in our final battle this final exams. See, this is law school. Aside from mastering the law, you also have to master the idiosyncrasies of your professors. That is just the way things are. And practically this would teach us that in life as a law student, understanding those who judge you and grade you is almost as important as understanding the law itself.